Jane Risley analyses a recent ruling with implications for cost recovery for interested parties
- The High Court’s ruling in The New Lottery Company Ltd & Anor v The Gambling Commission confirms that the court does not have the jurisdiction to award security for costs to interested parties.
- Currently, there is no provision under the Civil Procedure Rules, nor any established authority, that permits security for costs to be granted in favour of an interested party.
- Interested parties who contribute to litigation funding should take note of this judgment and its implications for cost recovery.
The recent decision in The New Lottery Company Ltd & Anor v The Gambling Commission [2025] EWHC 1522 (TCC) provides clarity on an important procedural issue: whether interested parties to litigation can apply for security for costs.
The High Court has now confirmed that it does not have the power to grant security for costs to interested parties. Mrs Justice Joanna Smith held that the Civil Procedure Rules (CPR) do not confer such jurisdiction and that granting such relief would circumvent the structure
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